People v. Beckwith (303 A.D.2d 1054, 2003)

—Motion for reargument granted and, upon reargument, the fourth sentence of the first paragraph of the memorandum (289 AD2d 956 [2001]) is deleted and the following sentence is substituted in its place: “Although the caseworker was called as a witness at trial, she was not a witness before the grand jury (see People v Litzenberger, 234 AD2d 947, 948 [1996];. cf. People v Sayavong, 83 NY2d 702 [1994]).” Present — Pigott, Jr., P.J., Wisner, Hurlbutt, Kehoe, and Lawton, JJ.